This case has been cited 2 times or more.
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2012-07-18 |
BERSAMIN, J. |
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| Bar by res judicata avails if the following elements are present, to wit: (a) the former judgment or order must be final; (b) the judgment or order must be on the merits; (c) it must have been rendered by a court having jurisdiction over the subject matter and the parties; (d) there must be, between the first and the second action, identity of parties, of subject matter and cause of action.[40] | |||||
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2006-07-14 |
CORONA, J. |
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| Res judicata refers to the rule that a final judgment or decree on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or their privies in all later suits on all points and matters determined in the former suit.[21] For res judicata to apply, the following elements must be present: (1) the judgment or order must be final; (2) the judgment must be on the merits; (3) it must have been rendered by a court having jurisdiction over the subject matter and the parties and (4) there must be, between the first and second actions, identity of parties, of subject matter and of cause of action.[22] | |||||